04/02/2020
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between the cultural majority and the group of cultural minorities.[13] The extant
Philippine national culture is the culture of the majority; its indigenous roots were
replaced by foreign cultural elements that are decidedly pronounced, if not
dominant.[14] While the culture of the majority reoriented itself to Western
influence, the culture of the minorities has retained its essentially native character.
One of every six Filipinos is a member of an indigenous cultural community. Around
twelve million Filipinos are members of the one hundred and ten or so indigenous
cultural communities,[15] accounting for more than seventeen per centum of the
estimated seventy million Filipinos[16] in our country. Sadly, the indigenous peoples
are one of the poorest sectors of Philippine society. The incidence of poverty and
malnutrition among them is significantly higher than the national average. The
indigenous peoples are also among the most powerless. Perhaps because of their
inability to speak the language of law and power, they have been relegated to the
fringes of society. They have little, if any, voice in national politics and enjoy the
least protection from economic exploitation.
The Constitutional Policies on Indigenous Peoples
The framers of the 1987 Constitution, looking back to the long destitution of our less
fortunate brothers, fittingly saw the historic opportunity to actualize the ideals of
people empowerment and social justice, and to reach out particularly to the
marginalized sectors of society, including the indigenous peoples. They incorporated
in the fundamental law several provisions recognizing and protecting the rights and
interests of the indigenous peoples, to wit:
Sec. 22. The State recognizes and promotes the rights of indigenous
peoples within the framework of national unity and development.[17]
Sec. 5. The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights and relations in determining the ownership and
extent of ancestral domains.[18]
Sec. 1. The Congress shall give the highest priority to the enactment of
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition, ownership, use and
disposition of property and its increments.[19]
Sec. 6.
The State shall apply the principles of agrarian reform or
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